BALA PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) This writ application is directed against the communication, issued vide Memo No. 9364(S) Patna dated 10-12-2002, as contained in Annexure 3, whereby and whereunder the State of Jharkhand has been requested to put the petitioner under suspension in contemplation of a department proceeding.

(3.) Learned Counsel appearing on behalf of the petitioner submitted that the communication, as contained in Annexure 3 is wholly without jurisdiction and based on non est grounds. It is further stated by learned Counsel appearing on behalf of the petitioner that that the authorities had already asked for explanation from the petitioner vide letter No. 5984 (S) we dated 17-8-1998 about the allegations made in Annexure 3 and the petitioner had submitted his explanation on 10-10-1998 to the joint Secretary, Road construction Department Government of Bihar, and the same was considered and no action was directed to be taken against the petitioner and when the petitioner has provisionally been allocated to the State of Jharkhand and has been posted as Assistant Engineer in the Road Construction Department of the State of Jharkhand, the impugned communication has been made without any rhyme or reason. It is also submitted that from the impugned communication and the enclosures made thereto it would appear that there ts no whisper against this petitioner and certain omissions and commissions have been found against one Gaya Prasad Diwakar, Junior Engineer, for the period 1991-1992 to 1995-1996 and even the conduct of the petitioner has not been doubted while he remained posted along with Gaya Prasad Diwakar up to 1996 and the petitioner was transferred and relieved from his previous posting on 21-2-1997 and, therefore, the communication, as contained in annexure 3, requesting the State of Jharkhand to put the petitioner under suspension is wholly without jurisdiction. It is also submitted that Gaya Prasad Diwakar, the Junior Engineer, was incharge of the bitumen etc.